IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.1423/2019 BETWEEN:
Sri.Manjunath, S/o.Munihanumappa, Aged 28 years, R/at Yalavara Village, Kolar Taluk, Kolar District-563 101. …Petitioner (By Sri. K. Raghupathy, Advocate) AND:
State of Karnataka, Represented by Station House Officer, Kolar Town Police Station, Kolar, Kolar District – 563 101. Represented by S.P.P., High Court of Karnataka, Bangalore – 560 001.
(By Sri.Honnappa, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.13/2019 of Kolar Rural Police Station, Kolar For the offence P/U/S 354, 504 and 506 of IPC and under Section 8 and 12 of POCSO Act 2012.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The allegations against the petitioner is that on 7.1.2019 at about 5.00 p.m., the daughter of complainant by name Nandini had proceeded to dispose of the waste from her house in the pit. It is further alleged that she came home crying and when the complainant enquired her, she informed that the petitioner had dragged her to the Eucalyptus grove and when she screamed for help, one Mahesh who was passing nearby had rescued her from the accused and thereafter she was brought back home. It is also alleged that when the complainant questioned the accused as to why he did so, he abused her in filthy language and also threatened her with dire consequences by showing the knife. On these allegations complaint came to be lodged against the petitioner and in fact the accused has been arrested and he is in judicial custody since 8.1.2019.
3. The nature of the allegations and the offences alleged are not punishable either with death or imprisonment for life. Maximum punishment prescribed is three years for the offences punishable under Sections 8 and 12 of the POCSO Act, 2012. Under the above said facts and circumstances of the case, I am of the opinion that the petitioner has made out a case for grant of bail.
4. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.0013/2019 of Kolar Rural Police Station, Kolar, for the offence punishable under Sections 354, 504 and 506 of IPC. and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE *alb/-.